lori and melissa, happy national beer day. >> bottoms up. [laughter] >> oh, my goodness. [laughter] [talking over each other] jenna: trying to get back to the subject. megyn: welcome to "america live", i am megyn kelly. this latest twist in the foreign policy scandal came hours after fox news yesterday confirmed that u.s. intelligence knew on day one that terror was behind attacks attacks in libya that

took the lives of our ambassador in libya. that contradicts information put out by the white house in the days after the attack, blamed for a protest that got out of hand. now, several democrats have joined republicans on the senate foreign relations committee in a joint letter to the state department. demanding to know what kind of intelligence the state department had prior to the attack. and whether security was adequately trained to protect our mission. our chief intelligence correspondent is live in washington with more. >> thank you, megyn. they sent those bipartisan letter to the deputy secretary of state, requesting about the security posture senator grassley. what they were doing to mitigate the threat and how much the u.s. and libyan governments knew about the growing threat from al qaeda and militias in eastern libya. >> all members of the formulation relations committee, both democrat and republican,

are asking for answers. this is now something that can never be covered as partisan. these are concerns from senators and house members who want to know what is happening. >> one source says that benghazi had weapons and coordination. three days after the attack, the cia director, david petraeus, he found that benghazi was a demonstration prompted by the youtube video that spun out of control. ahead of the homeland committee telling fox, he has a deep respect for the cia director and will not discuss classified information but something is profoundly wrong. something tells us that this was caused primarily by the video and that terrorist influence was minimum.

>> that was a mentioning of the video is any kind of catalyst at the compound. megyn: catherine herridge, thank you so much. later in the show, we will ask if the deadly attack in libya is this election season's surprise. similar to the iranian hostage crisis back in 1979 and 1980, and the george bush drunk driving story in 2000. if this is a political october surprise, how does that affect the vote on november 6. we will ask george w. bush's chief of staff, andy card about how the narrative would be different if president bush was in office today. we have been hearing a lot about that some other news outlets today. why there was a potential cover-up on a terror attack on u.s. soil, where is the media on

this? governor mitt romney spoke to a foreign-policy topic forum at valley college in california. it shows president obama leading in pennsylvania by more than a point. but that did not stop the governor from blasting the president for calling deadly turmoil around the muslim world, a bump in the road. >> i don't consider 20 or 30,000 people dying just a bump in the road. or a muslim brotherhood president in egypt a bump in the road. i don't consider the killing of our diplomats in libya as a bump in the road, and i sure as heck don't consider iran becoming nuclear, a bump in the road. we need someone who recognizes what is ahead and what is willing to be done as a leader. megyn: president obama continues his campaign again today. megyn: off to the critical swing

state of virginia. new polls show the race tightening their grip president obama leading governor romney by two points. 46% to 44%. that is within the margin of error. here is the policy average of all polls in virginia. the president of about four points. now some politics watchers are suggesting all of this discussion over polling and who is where, is ignoring a much larger story. the rise of the independent voters in this country. this could play into the next week's debate and election just five weeks from now. chris stirewalt is host of power-play on fox news.com. the rise of the independents. what do you mean? >> is something we have seen for 20 years, but accelerating in the last decade. republicans keep saying, don't pay attention to these polls. the democrats outnumber the

republicans in these polls. that's not how it's going to be, that misses the larger truth. the number of republicans and democrats are both down. independents are up. independent voters continue to go up. people are not as tied to tight a partisan way that they used to be. certainly the long-standing affiliation, to keep people within a party, it is long gone. as you see, we become a plurality in the majority, at least, or a independent nation for governor romney and barack obama, it comes down to this. can you make the sale to these people? they are not going to vote for you unless you can close the sale and tell them something that makes them believe it you can fix the system they think is broken. megyn: so comes down to the critical independent voter. they can make the critical difference one way or the other. yet, we see this compilation of independent votes put together that shows an average of all the polling and independence, take a

look -- it's the linchpin of the election. where it is now going. perfectly tied. [laughter] i mean, thanks a lot, independents. >> well, let's face it. if you think the system is broken and you say that you're not going to participate in that anymore, you are going to wait and wait it out, and see what's going on. the good news for mitt romney is that you look at those polls and see that on individual state polls and as it goes for independence. mitt romney still enjoys an advantage in several key places among independents, and that has to be encouraging for his campaign even as they get all of these bad polls put out on their head. he won one how does this change, if at all, mitt romney's strategy. some are arguing, including charles krauthammer, that romney needs to do well in the last five weeks. >> it will not surprise you for

me to say that charles is very smart. here is the deal. the independents think the system is broken and they want to hear big solutions, bold ideas, because they think that the country is dreadful. you heard him when he was at valley forge military academy. he was not talking in muted tones. he was talking in big and bold tones in what he believes in the middle east and has to carry that message over to the economic argument, the deficit spending argument, and he has to bring a really hardball -- a hard fastball when he shows up at that debate on wednesday. megyn: chris, i would like to touch base on the polls. this week, another poll came out it was not good for governor romney. some of these critical swing states. we have talked about how those polls, i don't want to say oversample democrats, but more

peoples.identifying as republicans or democrats. clearly there are more democrats in the state where it was an anomaly, we don't know. truly, if you look at the mainstream media, they say that this race is gone. >> you hear that reinforced over and over. it is in the late-night jokes, mitt romney's a loser, and that is exactly what the president wants is for him to say that this guy is lost. megyn: chris stirewalt, thank you.

there are questions today about why the two biggest news wire services in the country just to send out this photo of benjamin netanyahu at the united nations yesterday. take a look. okay, this is ahead of the jewish state. the associated press offering newspapers and websites -- this picture from the israeli prime minister's speech. why would they do that? showing him raising his left arm that is uncomfortably similar to that of adolf hitler. the man was gesturing from behind the podium. keep that in mind. and reuters offered a similar picture. the head of the app anti-defamation league is calling the two photos ugly, disgusting and offensive. the reaction to the united nations speech by prime minister netanyahu, making the case, drawing the redline at iran's

nuclear program and using an explosive image. we will see what people are saying on the streets of israel and debate whether this will have any effect on the u.s. election here at home. also, we will be joined by a former coal miner about why she is blaming the epa and their so-called war on cool for his getting fired for him his job. and which candidate has come close to providing the solution he wants to hear. you might be surprised on this country in this election. growing concern for a man locked up on a probation violation after the white house blames the murder of americans in libya on a film that this guy made. we will look at the legal arguments for and against his current incarceration and white in order id attached his name may be even more dangerous from behind bars. >> the rest of the filmmaker is more due to a parole violation than anything subsequently to the film. i don't think that makes the

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megyn: a fox news alert. moments ago, leadership blasting out a message that harsh tones and rhetoric are unhelpful in discussing iran's nuclear program. that comes just one day after we saw this moment live on this broadcast when jim and netanyahu true and actual redline. on a diagram of a bomb, depicting red lines to be drawn against this program. generating a flood of reaction here at home. leland vittert has details. reporter: this is the first time a leader has threatened and actual military strike against iran. that is a very clear threat on

the front page of every newspaper here. conceivably when iran would reach the redline here on the diagram of the bomb at the united nations. however, mr. netanyahu is not repeating universal praise because of what was said here. a little bit making fun of the prime minister for using this diagram. down here they are starting to print cartoons. this one, has a bugs bunny superimposed over the prime minister drawing this diagram. the big question is, what does this mean for israel going forward? has the prime minister committed himself to actually making a strike comes spring of 2013, and more importantly, how is he going to back that up? there are a lot of people that are not convinced that a strike is necessary. a lot of people are saying doing that at the u.n. was not part of

the prime minister. megyn: here at home, israeli anxiety over their the nuclear program is becoming an election issue. many americans watching nervously as our closest ally faces the possibility of a hostile enemy and their doomsday weapon. the big question is did prime minister netanyahu effect the election with that speech yesterday. alan colmes as host of his show and chris plante is host of his show as well. do you think that benjamin netanyahu is trying to interfere with the election? >> it certainly seems like it, although i thought he moderated his comment yesterday. i very much appreciate the position of the president, as is everyone in the country. he also made it clear that the redline, if there was to be one, which he then drew, would be well into 2013 pass the presidential election. seemed to me that he kind of backed off his u.n. speech yesterday. on the other hand, he is talking not just to president obama, but as i understand it today, mitt

romney, which is highly unusual, and he has made it very clear that mitt romney has a close relationship. i get nervous in foreign countries, i don't think we would like it if the situation were reversed with another country. megyn: there is nothing unusual about a foreign leader speaking to meet with not as the president do with the man who wants to be president. some said that is why president obama didn't want to meet this week because it would give mitt romney the same opportunity. but i do want to share with viewers that we just got news that the president did have a phone conversation with benjamin netanyahu moments ago and they said that that would follow up on secretary clinton's meeting with him. he has denied that they had a phone conversation and instead said he also spoke with governor romney. >> well, i don't think that benjamin netanyahu is tampering with the american election. he has a timeline that he has to

deal with. an existential threat coming from iran. working on nuclear arsenal with leaders that deny the holocaust and promised a new one and have vowed to wipe the state of israel off the map. not everything is actually about barack obama and the election prospects. these guys have serious issues to deal with. the president of the united states is quite literally phoning it in and benjamin netanyahu is laying out a real scenario. this is something that the world ought to be dealing with, that leader of the free world, the united states would've been much more engaged than there would've been international coalition to deal with this looming threats. mitt romney may very well have to deal with what barack obama leads in his wake, and there will be a great deal left in his wake. megyn: the readout of the call doesn't say a whole lot about

this. they talk about a range of security issues, the president reaffirms our countries committed to israel's security. >> they just want to be able to say that the president spoke to him and that will satisfy "the new york times" for another two days. megyn: the question is whether netanyahu did change this presidential election here by extending that. a few months ago they were saying spring 2012 was the deadline. now they are saying spring 2013. that puts it after the presidential election. >> netanyahu has been saying for years and years that iran is close to having a nuclear weapon. he has been saying this for a very long time. all of a sudden, they ran this rhetoric up that looked like it was propped up by warner brothers prop department on the heels of the election. certainly, the timing is very suspect and certainly we know a relationship with mitt romney on the surface, it seems like it is

part of the election. yet, he prays president and on behalf of the israeli people yesterday, maybe because he realized by extending it to 2013 that he didn't want to be perceived as influencing an election. megyn: so many people can see these things in different ways. they were saying it was almost an explicit acknowledgment that he is declaring a truth and a public argument between the truth and him. >> one of the things that i find fascinating about this is that it is benjamin netanyahu, the radical in this equation. he is being treated as though he is the extremists and the problem when he is the one who is trying to sound the alarm that there is a very significant problem and the clock is ticking and we, the world, the community of civilized nations have to rise up until it is. that will require leadership, which is sorely lacking.

the "washington post" did it today, too. everyone tried to cartoon eyes the whole thing, the wiley coyote cartoons is a bit ridiculous. megyn: all right, chris, thank you. you. just ahead, a massive wave of cyberattacks muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

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megyn: a brand-new development of cyberattacks on the biggest things. it affects millions of customers in what experts are calling the biggest computer hack of its kind in our history. trace gallagher has an update in our west coast newsroom. >> the group claiming responsibility for these attacks is the military wing of hamas. they govern the gaza strip. they say that these attacks,

because of the response to the movie that has caused so much controversy and protest around the world. but cyberterrorism experts say that seven similar attacks happened months ago and they believe the movie is an excuse. senator joe lieberman believes that iran is behind these attacks in response to economic sanctions and experts say there is evidence that points to a ron, but there is definite evidence that the attacks came from someone in the middle east. the attacks began on jpmorgan chase and citigroup and now, wells fargo and bank of america and others are expected. here is the frightening part of it. these hackers who did this had a warning on the internet and banks could not stop it. it gives you an idea of how horrible the banking system is. the hackers did not access any information about the customers, but what they did was they shut down the online banking, and of course, banks rely heavily on electronics now, so it left him paralyzed. this group has claimed that it

will do this again in the question becomes, can the banks and their cybersecurity stop it. but we will certainly find out in coming days. megyn: okay, thank you. new concerns today about the situation in libya. at the top of the hour, we detail the new inquiries into a possible white house cover-up. in that deadly terror attack that killed four americans, including the ambassador. the question is could the murders in benghazi create the october surprise and change the course of this election. we will have a fair and balanced debate after this. and a carl's junior employee gets pistol whipped and robbed at gunpoint. even more stunning is the decision by management just days later. an update to the student protests of cafeteria food that has gone viral. ♪

♪ ♪.

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megyn: developing right now are our friends in syria, taking an ominous turn. leon panetta pointing towards intel sources, saying that the syrian government has moved some of its chemical weapons in order to protect them from rebel

forces. this is not the first time they have done that. adding that the u.s. believes the syrian military controls the arsenal. mr. panetta also says that there is nothing to suggest that the rebels fighting the regime have gone their hands on chemical weapons. president obama has won the syrian government not to use those weapons on its own people, saying if it does so, it will be held accountable. we will bring you more as we get more information. >> back to our top story about lawmakers from both sides of the aisle. demanding answers from the obama administration on the terrorist attack in benghazi, libya. that claimed four american lives. with election day, roughly five weeks away, the question is whether the situation in libya and the accusations of a cover-up by the administration is what we now know is a terror attack, mounted this election season's october surprise.

the term was coined in 1980 when some believe that jimmy carter was planning a last minute gear to secure the release of american hostages in iran. saying that they refused to free the hostages until after the presidential elections. in october 30 headline reading hostage debate postponed. in the end, the hostages were freed within minutes of ronald reagan's inauguration. in 1992 when an independent counsel announced the indictment questioning president george w. bush's role. he wound up losing that election to president clinton. eight years later, his son faces own october surprise. five days before election day, george w. bush had been arrested for drunk driving decades earlier. despite the headlines, mr. bush took the oath of office the following january. joining me now is a great guest.

he is the campaign manager for the gephardt for president campaign. and also ed rogers, chairman of the pgr group. he's he is a former deputy assistant to president george h. w. bush and served as senior deputy on the bush-quayle campaign. is it an october surprise? >> it certainly has been given to president obama. that he had said people who killed our ambassador will be brought to justice. he intends to do something about it. there is almost a question if he doesn't have a retaliatory attack against those are some component of those who killed those americans in libya, he has been given a wonderful opportunity to do something for all americans and republicans that they support. if he doesn't do it, it is almost bewildering as to why. i expect something dramatic that will be formed in october surprise and it will do some political good.

megyn: that is a wonderful opportunity, known for taking advantage of it. >> a license to do so. i would like to ask you. as the republicans are arguing that there is a way for president obama to use this to his advantage, but there is a question about whether these allegations that the administration covered up, what it knew to be a terrorist attack about some video, whether that is the october surprise against the president. >> well, let me point out, megan, that the common thread with all three examples that you just gave us was that none of the three had any impact on the outcome of the election. jimmy carter could not make a deal. george bush was long gone. that's the first george bush. and george w. bush's election. there is a lot of talk about october surprises. it is very rarely a reality in presidential elections. i know of none. this election, it's going to take a dramatic change in the basic dynamic of the election

for running to win. i understand why people are trying to get it back. i want to make one more point. this is a classic case of what is called the fault of war. initially, after any kind of military conduct, attack whatsoever, there is an enormous amount of confusion. barack obama is winning on terrorism and he has launched 270 drone attacks against pakistan versus 40 for george w. bush, 47, excuse me, for george bush. he has a very strong numbers on terrorism and will not lose on this issue. >> i will go back to you in a second, but my question is there is confusion when something like this happens, but that was not the message that we received after these murders. they didn't say we were confused. they can say we were still sorting the information and we don't want to get out ahead. they said this is about a video that was not preplanned, it was spontaneous, and at the time, we learned that it wasn't true and

that they knew it wasn't true. the least the intelligence community had told the administration that this was terror. >> i see no evidence that they knew what they were saying wasn't true. i completely disagree about that. megyn: they had been told it was a terrorist attack. megyn: i don't know if i agree with that they had been told it was a terrorist attack according to sources. now, it is all over the media. they have been told is that it was a terrorist attack, but they chose to say something different, and we don't know why they did that. that that is what i am asking. [talking over each other] megyn: can you answer my point. >> i doubt very seriously this is the case. let karl rove in 2001 lying about why george bush went to nebraska. i think the administration is dealing with a lot of information coming from a lot of different places and yes, there

is confusion all the way around in the immediate aftermath of this. they probably should have said less than they did at the time. but there was no attempt and evidence of attempt to deliberately mislead. >> okay, go ahead. >> somebody in the administration should say something like what stephen said. what they did is they made a bunch of early assertions to try to shape the story and they turned turned out to say some things that were inconsistent with the truth. rather than go ahead and admit it and move on and do the right thing, they state out this position of denying the obvious of saying that they didn't say it, not being sincere about putting the fbi and other investigative agencies and hoping that everyone will move on and the subject will change and obama will be held accountable. >> the question is how big business debt, if at all? this is a story of folks who watch, you know, fox news that is covering it or reading online websites that are covering it. [talking over each other] >> i don't think the reconciliation of what they said

was untrue -- the misstatements in a coming out, is going to be a victim. i would think the fact that they misled the american people and continue to do so, that will be a big thing. i think the october surprise some of the drama of bringing those to blame to justice will be a big thing. and that will injure the president's benefits. it will probably be a political net plus for both obama. >> i don't think obama would act immaturely i'm not for any reason whatsoever. >> you should see the libyan people themselves come out and make a very strong statement. we want justice and galicia attacking the next day. >> there is a question -- and we know from cnn's reporting, but it was found in ambassador steven's diary and believed that he was an al qaeda terror hitless. there was a question about whether he communicated that to his state department. as one would assume he would have.

you just have to believe that the ambassador is afraid for his life and believes he is on a hitless and there was no discussion without with this bosses. now they want to see communication between mr. stevens and the state department prior to his murder and if there is a communication that shows the state department and the 9/11 anniversary, have he is an adequately protected, he is on the ground and trying to target the consulate, might that not have some political ramifications? >> the political ramifications will come from the voters. congress, republican leaders, outspoken conservatives who are trying to politicize all this, including mitt romney, it has backfired. this is the proper role of congress to investigate this and it should be done dispassionately. it will not be concluded by the election. megyn: i will give you the final

word, ed. >> all that needs to come out. americans were killed here. mistakes were clearly made. it is not everybody's interest for the truth to go ahead and come out. the obama campaign, the obama white house, they haven't been forthright in pursuing this matter. the congressional leaders that have been briefed by the administration have called it a joke. it is not in their interest continue to stonewall an investigation. there is no political cost, but they can't admit a mistake. that is how they get into political trouble. >> now a bipartisan group has demanded the return date, the date by which they want it back and signed by john kerry and barbara boxer and others, by november 13, which won't escape your notice. that is after the presidential election. guys, thank you. >> thank you, megyn. megyn: fox news has confirmed

some concerning details about this incident, which has not generated a lot of investigation from the rest of the media. just ahead, former chief of staff under president bush, andy card weighs in how it would've been different if his former boss, george w. bush, was still in the white house. and new concerns about taxpayer dollars on what some call a second cylinder. wait until you hear about what happens when fox asked to speak with the ceo. also, locked up on a probation violation. an interesting ruling in this man's case. the man said to be behind the 15 minute internet video being blamed in part for rights overseas. the real question over the first amendment applies to those that we dislike as well as those we like

megyn: the probation violation against the man allegedly behind the anti-muslim film the lead to some of the protest that we have seen in the muslim world. it just got a whole lot more controversial. you cannot see a face, but we have sketches that have been made public. in a very unusual move, a judge ordered this man held without bail. for a probation violation late yesterday. here he is again, being led from his home two weeks ago, his head wrapped to protect his identity. four to six officers, in the middle of the night, we got our first look at nakoula basseley nakoula, who could be facing years in prison for what exactly? joining me now is peter johnson dinner. no one is praising the film. as the supreme court has said, the first amendment is there to protect speech. not speech you do like.

>> the question is he a political detainee. is he a political prisoner? is he in trouble because he engaged in a ridiculous and harmful exercise of his first amendment rights? we know he is on probation for a bank fraud, checkwriting scheme. he is supposed to pay the money back. under the conditions, not just supposed to be on the internet or using a cell phone, no video games. no drug use. okay, so now, the democrats say we are not jamming him up because he uploaded that video. >> right, has nothing to do with that. >> he violated that under conditions, he used an alias to make the movie. if he is making a movie on how to bake a cake, would he be in jail today in california? i submit that no, he would not. [talking over each other] >> his defense lawyer says

$10,000 and i don't want him going through that federal correctional facility, because i am afraid that he will get killed or split with a hundred thousand dollar bounty on his head. dispassionately, objectively, if you get caught in the system, it is not the same standard as a criminal trial. you don't have to prove the same thing be one so normally this is late, all right, don't do it again. >> under the probation system, it is not beyond a reasonable doubt. they allow hearsay, and you can go to jail for two or three years for a noncriminal offense. it is very convenient. it is a coincidence at this point of this man is in jail for making a stupid video. is that consistent with the governments being that the video caused the death of the

ambassador? >> are we trying to send a message to the people who did this to us? the people who stormed our embassy and raise the black flag of al qaeda? those who murdered our ambassador and three others that we share their outrage? >> the justice department would deny it. the president would time and time again, you know, said that this film is outrageous. but in that message, it is quiet on the arab street. these guys, we took care of him. we got him anyway. >> the first amendment, if you start speaking, and i don't like what you're saying, it doesn't stop me from trying to talk over you. it does up the government from trying to stop you. >> that is absolutely true. what we probably have is a two-time loser. bank fraud, drug charges,

socially, politically, legally, morally, and aesthetic in any way. who is going to speak up for him? is the atl going to speak up for him and say that this is a political prosecution? he is being put in jail because he exercised his first amendment rights. i am not here to speak on his behalf. the film is stupid, ridiculous and sick. but let's be common consent, let's be civilized americans in the sense that we should do whatever we can to protect our first amendment. even if the people that we revile and hate. that we think are discussing. did we bow to pressure, and is it a convenient to save this man and this movie caused the ambassadors that? does that fit in? apparently, it does. we will see what happens. megyn: the case has not been tried and he is being held

without bail. the naacp and their controversial case. and we have video of a carl's junior employee getting robbed]h at gunpoint. we will show you how her employerere reacted. >> there was a little bit wh of trepidation. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids. it's my world. that's my world. ♪ that's my world. so i test... a lot. do you test with this? freestyle lite test strips? i don't see... beep! wow! that didn't ta much blood. yeah, and the unique zipwik tab

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megyn: searching for a brazen robber caught on tape holding up a carl's junior restaurant. take a look at this video. you can see the man holding a gun to the manager's head and shoving her around. the victim says the experience left her traumatized and, the worst three days later. trace gallagher joins us live. >> oh, yes they did.

she opened that carl's junior in texas outside of dallas at 6:00 o'clock in the morning. as you see from the video, minutes later, surveillance shows a man coming in. the first thing he does is he finds an employee and he grabs the employee and throws her in one of the refrigerators. she goes in and shuts the door. he goes looking for the general manager. he has a bandanna on her face. he keeps telling her the safe needs to be opened. he says he wanted diaper carl's junior? he tells her to open the doors. he finally pushes her in the cooler, pistol whip sarah, and takes off with all the cash. he gets away and the cops say he is very dangerous. >> he was very aggressive with her. he was waving it around and there was no hesitation

whatsoever. it was definitely a potential for death to occur. >> here is the deal, and kathy terri is given a couple of days off. she comes back to work and she is fired. we called carl's junior and we asked them why and they said it had nothing at all to do with the robbery and she has been offered counseling. so we called detectives to say that was there a chance that she knew of this potential robbery and they say that there is no evidence of that but there is no reason about exactly why she was fired. megyn: something is not right there. something is not right. either their behavior or someone else's behavior. trace gallagher, thank you. america's coal industry becoming a major focus for some in this race for the white house. what do miners want to hear from the candidates. they have had a couple of rutgers.

we will speak with a man who is out of work and blames the epa's war on coal. and a high school girl gets the last laugh after a group of high schoolers decide to play a prank on her. later in the evening she was in her bedroom after be elected to the homecoming court that she was crying in her bedroom [ male announcer ] you know that guy

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take control of your retirement today. ♪ ♪ megyn: fox news alert. new questions about what happened the night four americans were killed in libya and the changing version of events that we have heard from this administration the last two weeks. welcome to a brand-new hour of "america live." i'm megyn kelly. here is what we have learned just in the past few days. as far back as last friday sources telling our own bret baier that the libyans were absolutely convinced this attack was preplanned and mapped out. this week fox news confirming fbi agents have not yet arrived in benghazi two weeks after the september 11 attacks.

in a talk with world leaders wednesday, secretary of state hillary clinton suggests an al qaeda link was there on the benghazi attack. just yesterday intelligence sources telling fox news u.s. intel knew within 24 hours this was a terrorist attack and had a suspected al qaeda link. leon panetta is the latest u.s. official to call the benghazi attack an act of terror. i want to tell the viewers, you cover a lot of beats for fox news in your many yours since our birth including the pentagon. so you know a lot of folks in this community. the latest yesterday was a bit after bombshell, that they knew within 24 hours this was terror and were reporting that internally despite what they were telling the world, that was a spontaneous not preplanned attack based on that video, a copy cast what we saw in cairo. what's happening today? >> reporter: today it's more

fallout. i think from that realization. i think internally in the community, they knew it from the beginning. it's just getting out and seeing through the prism of all of the statements that the administration has said from the beginning about this. and being tide to that video. when you look at intelligence officials truly believing this was a terrorist attack within 24 hours and knowing because of all of this leading up to 9/11. the expansion of al qaeda on the ground in libya, right away the u.s. government formally found that this was a terrorist act enabling the u.s. government to respond with more military intelligence assets quickly, and that's something that is just a finding that's internal labeling. but it kind of counters when you see all of the statement that happened after that. then the confirmation that the fbi had not set foot inside

benghazi was pretty startling for all the times we heard from administration officials this week that the investigation was ongoing. and it is very well ongoing. but they haven't been to the site. megyn: which would explain why cnn was able to find the personal journal of ambassador stevens sitting on the floor at the terrorist attack scene because officials weren't over there themselves. we have yet to hear from the white house in the wake of these revelations in any on-camera way. they have given some paper statement and interestingly they canceled the white house press briefing today despite the fact we are told the president doesn't have an event that would require the cancellation. they are not talking to the media about this. the paper statement says no information was given in bad faith. that's what they put out to the media, and there was no attempt to down play the attack. at some point will president

obama have to speak to this? >> reporter: i think more and more members of the media are following this story closely. there have been a number of stories posted the past day. another network is covering it. jake tapper over at abc had an extensive post about it. i mentioned, a man who knew steve hayes at the weekly standard has done a good job chronicling this from the beginning. there are more and more media outlets asking these questions and there will continue to be questions as this investigation continues. megyn: you and i are heading off to denver to co-anchor this presidential debate that will be moderated by pbs' jim letterer. is there any chance we get a question on this give up this is the big news the past couple

weeks? >> reporter: no. i think the restrictions on jim lehrer are pretty tight. unless a candidate brits up i think it moderator has a responsibility according to what they signed on to to get it back on track to the topic that they were supposed to stay on. so it will be interesting to see if that happens. but it won't be generated by jim hehrer. megyn: unless he goes rogue. >> reporter: if he goes rogue then we have an interesting story. megyn: when you think jim helrer you think -- now don't. see you at 6:00 p.m. on "special report." we got a fox news poll of what likely voters are thinking about the president's handling of libya. more voters, 43% say they disaproper of the president's handling of the attack.

in just a short while we'll be joined by andy card, the former chief of staff for president bush. we'll ask him how he thinks the media would be covering it if it were his boss in the white house right now. off to the campaign trail we go. governor mitt romney appealing to voters in the battleground state of the commonwealth of pennsylvania. he spoke at the valley forge military acaddie where he hammers the president on the looming fiscal cliff and proposed cuts to military spending. john roberts is live in wayne, pennsylvania. >> reporter: a very famous place here. valley forge. governor romney today was talking to students, faculty and supporters about what the potential effects of those cuts to defense and the looming sequestration would mean. he says he don't know how anyone

who wanted a career in the military could vote for a president who wants to cut the military. and there are civilian implications as well. there are estimations 40,000 jobs could be lost here in pennsylvania as a result of those cuts. governor romney continued to press president obama on his record on the economy today as well. telling college students not just here but across the country. the people who suffered from such a high rate of unemployment. who they vote for this election year is a very important thing. >> if anybody who is a young person going to college today votes for he president obama. they get fewer jobs and a smaller military. while make sure the young people today have more jobs and a bright and prosperous future. >> reporter: next wednesday the debate, both sides are

playing the expectation game. we had dueling memos from the campaigns. the first one from david axlerod saying mitt romney better come up with some answers. if he doesn't get specific on state how he will pay for the tax cuts for the wealthy he will leave the debate no stronger than he arrived. beth myers, governor romney's individualer says she -- romney's adviser, blooms. since he won't and can't talk about his record, he will talk about mitt romney. the gloves will come off. megyn: beautiful wayne, p.a. out in oregon today there is new

controversy. hundreds of millions in taxpayer dollars in loans about to go to a startup solar company called solopower. many are comparing this to solyndra, the company that went bankrupt, leaving taxpayers on the hook. it's not just this controversy we want to tell you about, but what happened when fox news tried to speak with the company's ceo. dan springer streaming live from solo power in portland, oregon. >> reporter: the ceo refused to answer any of our questions at grand opening yesterday, even after taking questions from other media. solopower is getting lot of money from the government. we wanted to ask him why his company was a better gamble for taxpayers than solyndra or the others.

the companies use the same raw materials. they both make thin, light, flexible solar panels that can go object big box store roofs. they are more expensive than imports from china. >> we are just on the cusp of a whole revolution. it will be a lot of different companies, many of which will fail. but the key ones will succeed which will be leading the way. >> reporter: solyndra has been a huge embarrassment for the administration. but it's far from the only green jobs failure. another solar panel maker went bankrupt last year. two electric car companies are way behind schedule and want to restructure their loan. solar power manufacturing has been hammered by a steep prices in -- steep drop in prices for panels. u.s. labor is more expensive and other energy forms like coal,

natural gas and hydro are a big bargain compared to solar. >> it's uncertain whether solopower will be able to produce economically and efficiently at scale. >> reporter: in addition to the federal loan. solopower is getting $5 million from state and local governments. megyn: america's coal country getting new attention on the campaign trail. governor romney accusing president obama of waging a war on coal and some democrats in congress effectively did the same before they head out to d.c. coming up we'll speak with a laid off coal miner who may be the face of this important issue. you may be surprised by his take on these two candidates. an incredible act of heroism caught on tape. a soldier puts himself in the line of fire to protect his fellow troops.

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>> president obama is attacking mitt romney because mitt romney you poashts coal miles an hour. about it was president obama who said ... >> if someone wants to build a coal plant they can but it will bankrupt them. >> your joins in danger. megyn: that parts of a romney campaign ad accusing president obama of waging a war on coal. it has just begun running in the battleground state of virginia. all this as the future of the coal industry is getting --

pennsylvania, ohio and pennsylvania coal's struggles are big news. among those struggling, allen black pen was laid off after two decades of working in the coal field of eastern kentucky. he burnt through this retirement savings to take care of his family and help keep this son in college. he said washington is not paying enough attention to people like him. joining me now for his take, laid off coal miner allen black. >> thank you for having me megyn. megyn: you bought a brand-new nissan ultima and two weeks later you found out with youer losing your job. describe the reaction from the coal miners in kentucky when that happened. >> it's par for the course. given the environment of the coal industry right now, it can happen to anybody at any moment.

the company i worked for had not laid a person off in over 20 years. and when they had to break that streak, you know that had to hurt them. megyn: you publicly disclosed you were making $65,000 a year. you on get 30% of that in unemployment. >> roughly 30%. i get $1,400 before taxes for a month and i used to get $1,800 after taxes every two weeks. >> you like so many coal miners found yourself out of a job. one guy was describe how long when the layoffs occurred. 750 full-time workers were laid off entirely. he said the look on everyone faces wasn't necessarily shock, he said it was fear. fear of how am i going to provide for my family? how am i going to find a job.

you must be feeling some of that yourself. >> we are all feeling that, megyn. the -- that part of the historical problem the coal industry. when we have these parings back, there is nothing there to replace it. coal is the only industry in this region. megyn: why do you think there is a war on coal? what does that mean? >> well, we have got a lot of environmental pressure on us. and i can understand that. most miners can. we are all by nature woodsmen. we love the environment. we love to be out in the hills. you won't find a miner alive that doesn't as far as that goes. but, well, i have kind of lost my train of thought. megyn: the epa and its

regulations. >> the epa has these regulations and i understand that, we all understand that it am not the regulations so much as it is the execution of it. when you come in and you tell this many people that your industry is gone, we have to have someplace to go. now in the 1960s this happened and we had a lot of people that migrated out of appalachia and went to detroit and worked in the auto industry in was something going on to absorb them. we don't have that now. megyn: i know you feel like -- you are not happy with the epa. they say it's about having a clean environment so you need to crack down on coal mining. but i know you feel some dissatisfaction with both of these candidates because you feel like it's like watching a reality tv show, a bad reality tv show. >> it is, megyn. i turn the television on and all

i see is mud going back and forth. i'm not interested in that. i don't care about tax returns, i don't care about college records, i care about what's going none this country and the course that it's on. megyn: what's the way out, allen? >> well, both parties are going to have to sit down at the table and have a little common sentence their discussion. you can't have both extremes saying my way or the highway. there has to be a middle road. megyn: have you made up your mind in the presidential election? >> yes, i have. megyn: what are you thinking if you want to share it? >> i'll put it like this. the past four years have shown me what president obama is going to do. and i really don't think i can take four more years of that.

megyn: allen black, all the best to you. i hope it woshes out for you. megyn: that's just one american's story. we have 23 million people unemployed or under employed. i know allen wants more focus on that. we are going to talk about the four americans murdered in libya. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

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megyn: we are expecting an update on a deadly shooting in minneapolis. four people are dead, perjured, three of them critically before the gunman killed himself. police have not released his name or any possible motive.

among the dead is the owner of the braille sign somey and a ups driver. an amazing piece of battlefield video. it involves an american soldier in a firefight with the taliban. not only does he live to tell the tale. he caught the battle on his helmet cam and posted sit online to show the world what our troops are up against. >> reporter: the video is not easy to watch. it gives an idea what our men and women in afghanistan are going through on a daily basis. the soldier in question says he was 2-3 minutes into this firefight when he turned his helmet camera on. the unnamed soldier says he was intentionally exposing himself to enemy fire to get this, to draw attention away from his squad that was pinned down in a different area. you see it kind of goes down the

rocks here. you can hear and see the bullets hitting the rocks and the dirt around him. the soldier finally does duck behind some rocks to get some safety, but that's when his weapon is shot out of his hand. watch and listen to this part, megyn. >> i'm hit! i'm hit! i'i'm hit! >> reporter: he said it a number of times. he was shot four times. a lot of those were rico shea is and none of them pierced his body armor and that's why he survived this thing. he and his squad got out of this safely. 100 of these tapes appear on youtube. the channel is funker 530.

you want to see heroism in action. this gives you a much better idea of what's going on every single day in afghanistan and several provinces around there fighting the taliban. megyn: just ahead, america's most prominent civil right group is asking the united nations to investigate what it calls racist voting laws in the united states. the controversial case in today's "kelly's court." one senator is calling it benghazi gait. the growing questions about the killings of four americans in libya and how the white house characterized it from the days since. we'll have reaction from the former white house chief of stop andy card. >> al qaeda sacks an embassy and kills an ambassador. the administration didn't want to admit it. the administration thinking if

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megyn: 2:31 in the east. back to our top story. several deputy kralts on the senate foreign relations committee have joined republicans sending a lower the state department asking what kind of intelligence we had prior to the attack on four

americans in benghazi. the administration blamed that attack on a protest that got out of hand. a story questions the past days as fox has learned more and more things about this attack. confirmation from two intelligence sources that said our intel community knew from day one this was a terrorist attack. here is charles krauthammer. >> the question is not the wisdom of the libya operation. this was clearly deception on the part of the administration in sending susan rice to say this is a spontaneous demonstration when as you reported it was known inside the administration within a day that is was not. it was a terror attack. why did they deceive? it's obvious. the attack took place five days after the democrats spent a week in charlotte touting, spiking the football on oh sa -- spikinn

osama. within a week of al qaeda sacks a u.s. embassy, kill an ambassador and the administration did not want to admit. they not they stringt out the media wouldn't care. megyn: joining me now, andy card, former white house chief of staff under former president george w. bush. your thoughts on charles's theory. >> i believe the white house must have had some intelligence work prior to 9/11 to anticipate where attacks could be on 9/11. it would have been logical for

our intelligence community to want to brief the president about what intelligence work we were discovering and what had to be done to harden potential targets around the world. i also honestly believe the fault expectation at the white house should have been this was a terrorist attack, not a default position that this was an attack as a result of protesters in the streets. so i do question whether or not they are being honest with us and up front and telling us the truth and i hope they haven't put other people at risk because of it. megyn: as someone who has been in the white house for several years, can you help us understand how quickly this information would have likely filtered up? so if the intel community knows almost immediately this is a terror attack and they have been tracking al qaeda, how does that information get to the president? is it possible this attack on tuesday happened and by sunday when they send susan rice out

they still don't quite know? the intel hasn't been communicated? >> i would find that very hard to believe. i believe that the homeland security adviser and the national security adviser would have been informed very quickly about the nature of the attack, and they probably would have been informed if in had been credible intelligence an attack was likely at any of our embassies or consulates around the world. i think the information would have got to the white house pretty quickly. i can't say whether the national security adviser would go to the chief of staff or the president of the united states and say we have got to talk about this. but would i hope they would have done that. >> we saw jay carney the friday after it happened tuesday 9/11. then friday jay carney said this wasn't about america or our administration, this was about a protest. sunday we had susan rice say it was spontaneous, it wasn't

preplanned. it was about this film. is there any chance that if the intel community saw that they would have gone into president obama and said hold on that's not correct? >> megyn, i believe they must have thought about not doing what they should have been doing. instead they were defaulting to a position they might have thought was political are you convenient. the message they were trying to send to others. i can't imagine that the national security adviser, the homeland security adviser wouldn't have known about this -- certainly right after the attacks. megyn: why would they send our u.n. ambassador out on the sunday shows? some on this program suggested that's unusual. you typically co-would look the secretary of state to speak to something like this. >> or john brennan. who is an expert on terrorism. we are at war with the terrorists. maybe they are declaring war on

us. i think we need to be at war with them. and i wish the administration would recognize that. the terrorists want to atalks. they are planning wars against us all the time and we have to fight them. i'm troubled the level attention give to the nature of what the terrorists want to do to us around the world is not what it should be. megyn: you heard charles' theory that this may have to do with the receipt sense if any to reveal what they knew about this being a terrorist attack. may be attributable to an argument the president has been making about how al qaeda has been tripled. yesterday in virginia beach he said al qaeda is on the path to defeat and bin laden is dead. that has been a pill after his foreign policy accomplishment list. this raises questions about just how crippled al qaeda is. >> i don't want our president to be mcvailan with us or

misinform us. and i think there was some misinformation from the white house and the u.n. am passer and i don't think it was appropriate. i think it hurts america around the world. megyn: charles' theory is the media won't pay attention to this. and if they said it was something over here the mainstream media would follow this and by time they goth this interest would have wanes and they wouldn't have to cover it. right was well planned and well executed and america many national interests were violated and we lost four americans that we might not have had to lose. i think the intelligence might have been even before the attack and we should have had hardened targets. megyn: if george w. bush had been the president and had sent ambassador bolton out and then

it became clear the intel community knew something different all the while, what do you think the reaction would have been by the press? >> i think the press would have been up in arms about president bush but i don't believe president bush woulda have made that decision to allow misinformation to be out there. the default position for the president is to assume the bad guys want to get us especially on an anniversary of 9/11. megyn: forget how big the media makes it. how big do you actually think it is. mike huckabee was on fox news using the term watergate. >> i think frankly if this issue really gets the traction that it deserves, and let me say that it deserves. let's go back. richard nixon was forced out of office because he lied. and because he covered some stuff up. i'm going to be blunt and tell you this. nobody died in watergate. we have people dead because of

this and there are questions to be answered and americans ought to demand to get answers. megyn: this this story potentially at that level? >> i don't know that it would reach that level. but i can tell you it's enough concern that democrats in the united states senate. and i know some democrats in the united states house are very concerned and i believe senator kerry said i want to learn more about this. what did you know and when did you not. there are questions not just coming from republican partisans. these are people who care about americans around the world and our national security policy. megyn: they sent that joint letter yesterday and the return date on the information requested is november 13, which is conspicuously after the presidential election. but they want answers both democrats and republicans as to what went on here. thanks so much for being here. the naacp is asking the united nations to review what it calls

racist voting laws here in the united states. "kelly's court" takes up that controversial case next. seems they haven't been moving much lately. but things are starting to turn around because of business people like you. and regions is here to help. with the experience and service to keep things rolling. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together.

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megyn: "kelly's court" is back in session. the naacp is asking the united nations to review our voting laws here in america. they want the united nations to look into what they call racially discriminatory election laws. alleges citizens are barred from voting because of previous felony convictions and saying many of those folks are minorities. they want the united nations to investigate. so should it? joining me now jonna spilbor and arthur aidala. the naacp thinks that the laws that say once you committed a felony and gone to jail you

cannot vote in several states it's forever more. are racially discriminatory. do they have a point? >> they don't. i agree once you serve your time and you reintegrate back into society, you should have the right to vote. 38 states already allow the felons to do that. the message from the naacp is misleading because there are only 12 states that put restrictions that won't let you vote again. if the u.n. gets involved they will probably find that not distriple that story. megyn: my information four states, florida, iowa, kentucky and virginia bar felons from voting for life unless they get a pardon. >> and vermont and maine you could be in jail for mass murder and you are allowed to put an

absentee ballot in the mail and send it in. when any human beings in the united states of america pleads guilty to a felony there is an element -- i should speak for new york. there is a way to be able to vote. it's called you ask the judge to relieve you of civil disability. can you let him vote, i not while he's in jail, but as soon as he gets out of jail. the document that a judge can sign can let you apply for a pistol permit. however, those are rarely given. if you are committing murder, rape, burglary, robbery, major theft, sorry, if you are going to plead guilty part of your punishment is you use -- you lose that special right that we have to elect our elected officials. megyn: the naacp seems to be arguing because overwhelming number of people who go to jail on these felony convictions are minorities. there is minority

disenfranchisement. they believe there is a problem in the criminal system about these convictions to begin with. and so they think the whole system is rigged and as a result we have to bend over backwards to preserve that vote. >> i don't believe i agree with that. you can't argue that you are disenfranchising a large block of minorities when that has nothing to do whether they were convictedder pled guilty to a felony offense. how many dots to we need to connect here. in a person gets out of prison with enough time to live a life. we want them to be able to act like law-biding productive human beings. i get that. but that's not going to soft problem whose committing were spruce crimes and whos' going to prison. >> i think the argument is misguide. it's like the chicken or the egg

analogy. people a lot smarter and i am to figure out -- it is disproportionate. i'm in court every day it is disproportionate. there is no argument about that. why is it? i don't know. do i think the u.n. is the body solving that? absolutely not. >> you go to the u.n. to have them and you are literally like the council they go to includes representatives from saudi arabia, china, cuba. women can't even vote in saudi arabia. they are going to tell us our laws are discriminatory? >> in many of the countries in western europe to show identification to vote. you have to show an i.d. to vote. they were have much against that here in america. you can't show and i.d. megyn: the naacp was. >> the major members of the u.n., the one wheeze speak of often, they all require identification. megyn: it's discriminatory in

america. you can do it in mexico and italy. but when you require i.d. in mayor kate's discriminatory. >> i have to disagree with the naacp on that one. we need to know who is going into our voting booths. megyn: it's not out of the realm of possibility for the u.n. to say you have got a point. do they have power over us? >> i say no. that's up to each individual state and maybe even eventually the supreme court. but not the u.n. megyn: are we going to get written up? >> you going to write a nice report? the voters rights are state rights. the federal government does not dictate that. that's why as you were saying, every state has a different -- different angle on this. so what is the u.n. going to do? say boycott america? >> he will get held after at the next u.n. speech.

he will have to write 50 times on the blackboard, we'll not discriminate against felons. >> while they are incarcerated they can't vote. the guys i represent and the they stole a car and they are doing. >> days. they are dying to go vote. megyn: if there is one thing i can ask of you before i go. the hoosegow. i learned and then i ice. that was a word we learned last week. a cruel prank could have ruined homecoming for one teenaged girl. she was excited to be nominated to the homecoming court until she learned it was a mean hoax. now the community is reaching out to show her these awful teenagers who did this are not representative of most us in the human race. that's next. we're sitting on a bunch of shale gas.

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megyn: free-for-all friday as we had not one but two car chases. trace gallagher got information on what we are seeing in phoenix, arizona. >> reporter: interstate 10. this guy is flying down internet 10. this has been going on for the better part of one hour. this is a carjacking suspect police have been following. he's driving a dodge caliber. and apparently he has fired shots at police. you can kind of see as they widen out. there are police cruisers behind him. this is going west on interstate 10. those who don't know the western region. interstate 10 runs from where you see now, phoenix, all the way to the coast in santa monica, california. so he could go on for as long as he's got gas thank that tank. the speeds have been upwards of

100 miles an hour. 110 miles an hour at some point in time. again the cops are going to proceed with this as they do in a lot of these car chases which means as much danger as posed to the rest of the people on the road. they will go about him that aggressively. so if he's weaving in and out and posing big danger they will try to stop him. if he's maintaining control they will trail behind him for as long as this guy keeps going. you can see the traffic is light. clearly it would be at this time of the afternoon. in fiend i it's 5 minutes to 1:00, phoenix time. we believe this guy is wanted on a felony or carjacking. we do not know if the person who might have been carjacked is still inside the car. by the camera it looks like the suspect is alone. we can't tell if it's male or female it appears to be a male. that unclear. we are watching along with the rest of the world on this car

chase in phoenix. megyn: somebody carjacked a dodge caliber? >> reporter: if you look at these things, you go in base minneapolis phoenix. you go at these in a different way in california. but california is a three strike state. if you wanted for a felony, a carjacking and it's your third offense. you are going away for a long time. he's speeding towards california. he's going west on interstate 10. he's aways away from california. a couple hours he could be across the border and then's in real big trouble. but an hour, megyn. this has gone on for one hour. clearly he's posing a little more danger. this is what he has been doing. spurts of following the speed limit laws, then spurts of him going in the high 90s, perhaps 100s. megyn: look at the major trucks

on the road and the 18-wheeler we just saw him pass. a short time ago we saw a motorcycle that was speeding along at a hefty clip to the left of him. it appeared to be on the shoulder on the left side of the road. was that a cop? are they aggressively pursuing him? >> reporter: it's hard to tell. they are clearly aggressively pursuing him. the question is what do they do next? the old saying is you can't outrun the radios. they radio ahead. but the bottom line here is the cops are not going to put spike strips down because that would put other drivers in jeopardy. there is very hitting the police can do ahead of this car. so right now the main focus is on behind. in phoenix if i'm not mistaken i believe the state troopers drive white cars. we would presume those white

cars trailing behind are the ones following him. the understanding would be the phoenix state troopers would fog him. but that's unclear. if this started in a residential area you might have phoenix police involved. but once's outside the city limit they would turn this over to state troopers. it's close to the state lines, then you have got this transfer from arizona to potentially california if this thing keeps going. you are kind of in that gray area of exactly who's trailing him and how aggressively they are trailing him. megyn: what were you saying about reports of shots fired? >> the reports are that he fired shots sat lives. now we are getting reports that about 20 miles back is when those shots were fired. keep in mind they believe this is a carjacking suspect. in the car. carjacking intimates that he was in some capacity stealing this

car from somebody else. we don't know if that somebody else is still inside the car. we are still trying to get a beat on that and trying to get ahold of police officers to give us more information or if that person was kicked out of the car the car was stolen and off he went. but we know he's armed and that changes the whole complexity about the way the police will aggressively pursue this. megyn: ksaz is reporting this is a red dodge tallon. we'll continue to watch it. trace gallagher, thank you. shepard's next. i want to bring you this knew. big event sunday. the tunnels for towers run. it's a great organization and a good cause. september 11, 2001.

stev